If my husband and I had voluntary departure, can apply for a waiver?

UPDATED: Mar 7, 2012

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If my husband and I had voluntary departure, can apply for a waiver?

We got voluntary departure 3 years ago and are now living in Mexico. I heard we could apply for a waiver after a year of the departure and want to make sure this is true and if it’s possible it’s going to be approved from. We don’t have criminal records in the U.S. but we lived there for more than 10 years illegaly. We have 3 daughters; 2 are from the U.S. (and 1 from Mexico).

Asked on March 7, 2012 under Immigration Law, Colorado


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can apply for a waiver if you have a basis for applying for a waiver and can show that being barred from reentry for 10 years will pose an extreme hardship to a US citizen spouse or child.  If you can make that argument and it is accepted, your waiver may be granted.  But in order to apply for a waiver, you must have an approved immigrant visa petition on the basis of which you would try to get a visa and for which you would need a waiver.  A waiver by itself will not get you a visa.

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